Question 1

Workers' compensation acts have been adopted by all states in an effort to provide speedier and more certain relief to injured workers than was available through litigation.

Accepted Answer

Workers' compensation acts were created to provide injured workers with a simpler and quicker process for receiving compensation for work-related injuries, as opposed to going through lengthy and often unpredictable litigation. These acts have been adopted by every state in the US.

Question 2

The Social Security system has five major benefit programs, one of which is Medicare.

Accepted Answer

The answer of The Social Security system has five major...

Question 3

State statutes sometimes cover areas that are not covered by federal employment law.

Accepted Answer

This is true. State employment laws can provide additional protections and requirements for employees, beyond what is mandated by federal law.

Question 4

The Pregnancy Discrimination Act extended the benefits of Title VII to pregnant women.

Accepted Answer

The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act to prohibit employment discrimination on the basis of pregnancy, childbirth, and related medical conditions.

Question 5

Comprehensive federal legislation now governs drug and alcohol testing by employers.

Accepted Answer

While there are federal regulations for drug and alcohol testing in certain industries (e.g., transportation under the Department of Transportation), there is no comprehensive federal legislation that governs drug and alcohol testing for all employers. Regulations can vary significantly by state and industry.

Question 6

Once a plaintiff has established a prima facie case of discrimination on a disparate treatment theory, and the defendant has articulated a legitimate and non-discriminatory reason for the discrimination, a plaintiff may still win.

Accepted Answer

If the plaintiff can show that the defendant's reason is merely a pretext for discrimination, then the plaintiff may still prevail on a disparate treatment theory.

Question 7

The EEOC has issued a statement that affirmative action is lawful only when it is designed to respond to a serious imbalance in the workforce; if it does, the affirmative action must consider the rights of non-minorities or men and need not have a time limit.

Accepted Answer

The EEOC states that affirmative action is lawful when it aims to correct a manifest imbalance in traditionally segregated job categories. However, such programs must be temporary, narrowly tailored, not unnecessarily trample on the rights of others, and must end when the goals are achieved, implying a need for a time limit or a point of reevaluation.

Question 8

At common law, an employee can be dismissed at any time but only with cause.

Accepted Answer

At common law, an employee can be dismissed at any time without cause.

Question 9

The FLSA is not the federal minimum wage statute.

Accepted Answer

The answer of The FLSA is not the federal minimum...

Question 10

The ADA provides for remedies that are generally the same as those available under Title VII.

Accepted Answer

The ADA provides for remedies such as back pay, reinstatement, hiring, promotion, and compensatory and punitive damages, which are generally the same as those available under Title VII of the Civil Rights Act of 1964.

Question 11

The Pregnancy Discrimination Act protects the job reinstatement rights of women returning from maternity leave.

Accepted Answer

The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act of 1964 to prohibit discrimination on the basis of pregnancy, childbirth, or related medical conditions. This includes protecting a woman's job reinstatement rights after returning from maternity leave.

Question 12

Privacy protection for employees includes a federal statute prohibiting private employers from requiring employees or prospective employees to undergo a lie detector test.

Accepted Answer

The Employee Polygraph Protection Act (EPPA) prohibits private employers from requiring employees or prospective employees to undergo a lie detector test, with limited exceptions. This law helps protect employees' privacy rights in the workplace.

Question 13

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, gender, religion, or national origin in any employment-related process.

Accepted Answer

Title VII of the Civil Rights Act of 1964 does indeed prohibit employment discrimination on the basis of race, color, gender, religion, or national origin in any employment-related process.

Question 14

Under federal law, employers may use a lie detector test if it is part of an ongoing investigation of economic loss to its business.

Accepted Answer

According to the Employee Polygraph Protection Act (EPPA), employers may only use a lie detector test in certain circumstances, including when it is part of an investigation of economic loss or injury to the employer's business. However, there are strict requirements and procedures that must be followed in order to administer a lie detector test lawfully.

Question 15

Reverse discrimination refers to achieving affirmative action by remedying the underrepresentation of a given race or sex in a traditionally segregated job by considering race and gender when hiring or promoting individuals.

Accepted Answer

Reverse discrimination is a controversial term used to refer to positive discrimination or affirmative action measures that benefit certain groups, such as women or minorities, in a way that some argue is discriminatory against dominant groups, such as white men. While the term implies that discrimination is being turned "upside-down", many argue that it obscures the fact that historical and systemic discrimination and inequalities have created the need for affirmative action policies to level the playing field.

Question 16

The Supreme Court has recently held that the Constitution prevents all employers from subjecting employees to drug testing without first obtaining a search warrant.

Accepted Answer

The statement is false. The Supreme Court has not held that the Constitution prevents all employers from subjecting employees to drug testing without first obtaining a search warrant. There are certain circumstances in which drug testing may be permissible without a warrant, such as for safety-sensitive positions or when there is reasonable suspicion of drug use.

Question 17

In recent years, the courts have unanimously reinforced the common law doctrine of employment at will.

Accepted Answer

In recent years, there have been several cases where the courts have limited the scope of employment at will and recognized various exceptions to it. The doctrine of employment at will holds that an employer may terminate an employee at any time, for any reason, without notice or cause. However, courts have recognized exceptions such as public policy, implied contract, and implied covenant of good faith and fair dealing. Therefore, it is not true that the courts have unanimously reinforced the common law doctrine of employment at will in recent years.

Question 18

Employers are subject to civil, but not criminal, penalties for violations of the Occupational Safety and Health Act.

Accepted Answer

Employers can be subject to both civil and criminal penalties for violations of the Occupational Safety and Health Act (OSHA), especially in cases of willful violations that result in worker deaths.

Question 19

In a disparate impact case, the Civil Rights Act of 1991 now provides that if an employer can prove the "business necessity" of a challenged employment practice, the plaintiff cannot win.

Accepted Answer

The Civil Rights Act of 1991 does not provide that a plaintiff cannot win in a disparate impact case if the employer can prove "business necessity." Rather, it allows the employer to defend against a disparate impact claim by proving that the challenged practice is "job related for the position in question and consistent with business necessity." However, the plaintiff may still prevail if they can prove that a less discriminatory alternative exists and that the employer refused to adopt it.

Question 20

The Civil Rights Act of 1991 provides that victims of sex discrimination no longer face limits on compensatory and punitive damages.

Accepted Answer

The answer of The Civil Rights Act of 1991 provides...

Quiz 41: Employment Law